Said petitioner stands accused of offences under section 302/307/34, P.P.C. Through an F.I.R. No. 515 dated 3-12-1988 of Police Station Noor Shah of District Sahiwal.
2. The occurrence is alleged to have taken place at about 7-00 p.m. On 2-12--1988 wherein one Muhammad lost his life whereas his son Muhammad Hussain received two injuries on his person.
The injury received by Muhammad Hussain on his head was declared to be grievous in nature whereas the other injury which was a swelling on the back of the right shoulder of the said Muhammad Hussain was simple in nature. The injuries to Muhammad deceased were attributed to Naqsha and Bakhsa co-accused whereas Naseer and Said petitioner were burdened with the injuries received by Muhammad Hussain P.W. The F.I.R. Was lodged by Mst. Miran Bibi who is the widow of Muhammad deceased and the mother of Muhammad Hussain P.W. Aforesaid and who had stated through the F.I.R. That Naseer and Said petitioner had both started beating her son Muhammad Hussain P.W. Neither Naseer co-accused nor Said petitioner were attributed any specific injury.
3. Muhammad Hussain P.W. Was examined by the Investigating Officer on 28-12-1988 and he had specifically stated that the injury received by him on his head had been given to him by Naseer accused with the reverse side of the hatchet, whereafter he had become unconscious. The said Muhammad Hussain had not named Said petitioner as one of his assailants.
4. The learned counsel for the State assisted by the learned counsel for the complainant submits that the petitioner is attributed specific role in the F.I.R.; that he had not been declared innocent by the police and that he stands accused of sharing the common intention with the other assailants.
The learned counsel for the complainant further adds that the statement of Muhammad Hussain under section 161, Cr.P.C: as recorded by the Investigating Officer does not depict the correct state of affairs and that the statement in question was a dishonest reproduction of the facts narrated by Muhammad Hussain P.W.
5. It is not possible for this Court to go into the impartiality and the honesty or otherwise of the investigation at this stage. Suffice it to say that Muhammad Hussain who is the alleged recipient of the injuries by Said petitioner has not named the said petitioner. As one of his assailants and has instead attributed the injury on his head which is the real injury, to Naseer accused. Although the Investigating Officer has not declared Said petitioner as innocent, yet from the very first day, a definite plea had been taken by Said petitioner and on his behalf that he was innocent and various respectable persons had appeared before the Investigating Officer to verify the plea taken up by Said petitioner.
6. Be that as it may, I am persuaded to hold that Said petitioner's case is one which, at least prima facie, calls for further inquiry.
7. Without expressing any opinion on the submissions made at the bar or on the merits of the case, Said petitioner is admitted to bail on his executing bonds in the sum of Rs.30,000 with two sureties each in the like amount to the satisfaction of A.C./Duty Magistrate, Sahiwal.
N.H.Q./S-458/L